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<p>What if the same persons who <del>now</del> deny to<lb/> the Jury all legal exercise of the power of deciding<lb/> upon the question of fact <add>be found to</add> should hold<lb/> up the Jury system as a system capable<lb/> of defending the country <note>of operating as a preservative of <add>to</add> liberty of preserving liberty and</note> against the <add>attacks</add> encroachments<lb/> of <add>tyrannical</add> oppressive or otherwise pernicious laws?<lb/> What <del>now</del> if such persons should be found amongst<lb/> the <unclear>veteran</unclear> professors of the law? What must<lb/> be their blindness in one case or their <del><gap/></del> falsehood<lb/> and treachery in the other?</p> <!-- a more or less horizontal line here might indicate a paragraph break --> | |||
<p><add>If</add> Against laws<lb/> adverse to liberty <add>are</add> if made by the legislature Juries<lb/> otherwise than by perjury can afford no remedy<lb/> <add>against them</add> with or without <note>no protection to liberty whether they have or have not</note> the <add>right</add> power of deciding on the question<lb/> of law: nor if made by Judges, <del>otherwise</del> unless with and<lb/> by by the power of deciding on the question of law.<lb/> To call <del>upon</del> upon Juries to preserve liberty against attacks<lb/> made upon it by the legislature is to call upon<lb/> them to <sic>committ</sic> perjury. Let them <sic>committ</sic> perjury if <add>such</add> perjury would be a less evil than the<lb/> damage which without it would be done to liberty:<lb/> But would it not be better to abstain from perjury<lb/> to give up the perjury plan and with truth<lb/> on their lips and <add>honest zeal and </add> courage in their hearts, to <unclear>associate</unclear><lb/> and <add>call aloud for</add> compel the formation of <del>such</del> a constitution<lb/> capable of laying the <unclear>cap</unclear> to the root of the evil, and<lb/> <del>it</del> while it cleared the laws of all existing tyranny<lb/> secured them <add>against</add> from the <del>danger</del> inroads of tyranny in future? </p> | |||
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What if the same persons who now deny to
the Jury all legal exercise of the power of deciding
upon the question of fact be found to should hold
up the Jury system as a system capable
of defending the country of operating as a preservative of to liberty of preserving liberty and against the attacks encroachments
of tyrannical oppressive or otherwise pernicious laws?
What now if such persons should be found amongst
the veteran professors of the law? What must
be their blindness in one case or their falsehood
and treachery in the other?
If Against laws
adverse to liberty are if made by the legislature Juries
otherwise than by perjury can afford no remedy
against them with or without no protection to liberty whether they have or have not the right power of deciding on the question
of law: nor if made by Judges, otherwise unless with and
by by the power of deciding on the question of law.
To call upon upon Juries to preserve liberty against attacks
made upon it by the legislature is to call upon
them to committ perjury. Let them committ perjury if such perjury would be a less evil than the
damage which without it would be done to liberty:
But would it not be better to abstain from perjury
to give up the perjury plan and with truth
on their lips and honest zeal and courage in their hearts, to associate
and call aloud for compel the formation of such a constitution
capable of laying the cap to the root of the evil, and
it while it cleared the laws of all existing tyranny
secured them against from the danger inroads of tyranny in future?
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Identifier: | JB/035/020/004"JB/" can not be assigned to a declared number type with value 35. |
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035 |
constitutional code; evidence; procedure code |
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020 |
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004 |
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text sheet |
4 |
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recto |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10613 |
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